Sonu Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34498 of 2024 Arising Out of PS. Case No.-335 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== Sonu Kumar @ Niraj Kumar, Male, aged about 37 years, Son of Damodar Prasad @ Lallu Resident of - Salaunja, P.S- Halsi, District- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Halsi P.S. Case No. 335 of 2023 instituted for the offences punishable under Sections 467, 468, 471, 420/34 of the Indian Penal Code.

3. As per the allegation, in the FIR, a search was made in the house of the petitioner and found altogether 16 records/documents relating to Halsi Revenue Circle was recovered and on interrogation petitioner disclosed that he is the resident in the said room for last ten years where he assist the Halka Karamchari.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.34498 of 2024(3) dt.12-07-2024 2/3 falsely been implicated in this case merely on the basis of mere suspicion. He further submits that the name of the petitioner has been surfaced in this case only on the basis of statement of coaccused Sadhu Sharan Mahto. It is further stated that the petitioner was not arrested at the spot and he has no concern with the seized document even no recovery has been made from the possession of the petitioner. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 08.02.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Sessions Judge, Lakhisarai dated 28.03.2024, it appears that petitioner is named in the FIR and his name surfaced in this case only on the basis of statement of co-accused Sadhu Sharan Mahto, during the course of investigation. Similarly situated coaccused namely Sadhu Sharan Mahto, Nepali Saw @ Nepali Sav and Munilal @ Muneshwar Lal @ Muneshwar Prasad have already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. Nos. 13305 of 2024, 25018 of 2024 and 25288 of 2024, vide order dated 18.04.2024 and 01.05.2024, respectively, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing

Patna High Court CR. MISC. No.34498 of 2024(3) dt.12-07-2024 3/3 bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Halsi P.S. Case No. 335 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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